Breon v. Henkle

I concur in the reversal of the judgment, and will briefly state the grounds thereof. Counsel for the appellant insist that the court instructed the jury outside of the evidence—gave them some mere abstract propositions of law, which, however correct in a proper case, had no application to any facts which the evidence tended to prove ; and that the same was therefore misleading. I will, therefore, proceed to examine this objection.

The only evidence on the part of the plaintiff is her own, and the substance of it is as follows : That she was twenty-eight years old, and unmarried; that she…